Tag Archives: tenant

Residential leasehold – time for change?

Author: Martin Dawbney, Partner, Real Estate, London At the end of July, hard on the heels of the Housing White Paper published in February, DCLG issued a Consultation Paper on “Tackling unfair practices in the leasehold market”. If you wish … Continue reading

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Filed under Development, Housing, Investment, Landlord and tenant

When quiet enjoyment means just that

Author: Julian Pollock, Partner, Real Estate, London Earlier this year, the courts decided that, even if there is an express right to carry out works in a lease, a landlord cannot ride a coach and horses through a quiet enjoyment … Continue reading

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Filed under Construction and Engineering, Development, Landlord and tenant

Clearing a development site – using Torts Act notices

Author: Matt Leggett, Associate, Real Estate, London Piecing together a large or complex development site inevitably involves dealing with tenants and occupiers in order to obtain vacant possession. On vacating the site, those tenants and occupiers often leave things behind. … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Development – a dampener on dilapidations claims?

Author: Julia Tobbell, Senior Associate, Real Estate Dispute Resolution, London Whilst a developer is in the early stages of planning and finance, it may be happy to leave the current tenants in situ to generate a little extra income before … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Lease Renewals: Landlord & Tenant Act 1954 and Ground (f): Ensure the landlord at the time of the court hearing is the entity with the intention to carry out the works!

Author: Rachel Croft, Senior Associate, Real Estate Dispute Resolution, London This post follows from our previous posts on a landlord's right to oppose a tenant's request for a lease renewal (under the Landlord and Tenant Act 1954).  Here we look at … Continue reading

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Tenants and prescriptive rights to light: five tips for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London It is of course open to landlords to grant their tenants express rights to light as leasehold easements.  Similarly, an easement of light in favour of a tenant may be implied … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Terminating a business tenancy using the redevelopment ground – Part 1: Showing the landlord’s intention to redevelop

Author: Frances Edwards, Senior Associate, Real Estate Dispute Resolution, London One of the most common questions we are asked by developers at the land assembly stage of their scheme is what they need to show in order to be certain … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Are landlords entitled to a redevelopment break in leases being renewed (Landlord and Tenant Act 1954)?

Author: Stephanie Trompeter, Senior Associate, Real Estate Dispute Resolution, London In this post I am writing about the court's approach to a new business tenancy where the parties cannot agree on the terms of a renewal lease with a landlord's … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Defects: what should a tenant think about when considering a pre-let?

Author: Nick Turner, Partner, Real Estate, London I often find I'm sitting in meetings on large office pre-lets debating the length of the period that the developer will be on the hook for its development obligations."  Is six years market?" "Is … Continue reading

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Filed under Development

Bad Bargain? Bad news! Says the Supreme Court

The Supreme Court has ruled that tenants will not necessarily be saved from bad bargains even if service charge provisions require them to pay sums well in excess of the landlord's actual costs. Arnold v Britton and others [2015] UKSC … Continue reading

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Filed under Dispute resolution (property litigation)